Birmingham City Council (25 021 501)
Category : Planning > Enforcement
Decision : Closed after initial enquiries
Decision date : 15 Jun 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint that the Council had failed to address a possible breach of planning control at a property near the complainant’s home. The planning enforcement case has since reached a conclusion, and our continued involvement will not lead to a different outcome.
The complaint
- Mrs X complained the Council failed to respond to her concerns that a neighbour continued to build an extension despite their application for prior approval having been refused.
The Ombudsman’s role and powers
- We can investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. So, we do not start an investigation if we decide:
- we could not add to any previous investigation by the organisation, or
- further investigation would not lead to a different outcome, or
- there is no worthwhile outcome achievable by our investigation, or
- we are satisfied with the actions the Council has already taken.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered:
- information provided by Mrs X and the Council.
- information about the neighbour’s prior approval application, as available on the Council’s website.
- the Ombudsman’s Assessment Code.
My assessment
- Since Mrs X complained to the Ombudsman, I understand the Council has carried out a site inspection. This has confirmed the depth of the extension is less than what was proposed in the prior approval application. It therefore benefits from permitted development rights, and does not require the prior approval of the Council.
- As such, the Ombudsman will not start an investigation as the case has already reached a conclusion, and our continued involvement will not lead to a different outcome.
Final decision
- We will not investigate Mrs X’s complaint because our further involvement will not lead to different or worthwhile outcome.
Investigator's decision on behalf of the Ombudsman